• Title/Summary/Keyword: Contract Language

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A Static and Dynamic Design Technique of Smart Contract based on Block Chain (블록체인 기반의 스마트 컨트랙트 정적/동적 설계 기법)

  • Kim, Chul-Jin
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.19 no.6
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    • pp.110-119
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    • 2018
  • Blockchain technology has been highly evaluated for its contracts (contracts for sale, real estate contracts) because of its excellent security, including integrity and non-repudiation. In a blockchain, these contract services can be developed using a technology called a smart contract, and several blockchain platforms provide a programming language for developing smart contracts. Bitcoin and Ethereum, typical blockchain platforms, provide the Bitcoin Scripts and Solidity languages. Using these programming languages, we can develop the smart contract, a digital contract that can be processed dynamically. Smart contracts are being developed in a variety of areas, but studies of designs based on a blockchain are insufficient. In this paper, we propose a meta-model and a static/dynamic design method based on Unified Modeling Language (UML) for smart contracts based on Ethereum. We propose a method for static design attributes and functions of smart contracts, and propose a technique for designing structures among contracts. Dynamic design proposes a technique for designing deployment, function calls, and synchronization among smart contracts, accounts, and blocks within a blockchain. Experiments verify the validity of the design method by applying the static/dynamic design method through real estate contracts.

What is the Optimal Contraction Intensity and Duration in the Performance of Relaxation Techniques for Maximal Increase of Range of Motion? (관절가동범위 증진을 위한 이완 기법의 적절한 수축강도와 수축시간은?)

  • Shin, Seung-Sub
    • PNF and Movement
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    • v.14 no.1
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    • pp.59-65
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    • 2016
  • Purpose: The purpose of this study was to review articles in order to establish optimal contraction intensity and duration in the performance of relaxation techniques for maximal increase in range of motion. Methods: The Cochrane, EBSCO, Embase, Medline, ProQuest, PubMed, ScienceDirect, and Scopus databases were used to search articles from 1990 to January 2016. The search terms were "contract relax," "hold relax," "muscle energy technique (MET)," and "proprioceptive neuromuscular facilitation (PNF) stretching." Only experimental human studies (randomized controlled trials) that compared the effects of varying intensity and duration of isometric contraction were included. Non-English language and unpublished studies were excluded. Results: A total of 2,156 articles were initially identified, with only five eventually meeting the inclusion and exclusion criteria. Three studies compared the effects of varying intensity in isometric contraction and two studies compared the effects of varying duration in isometric contraction with regard to range of motion (ROM). Two articles suggested that submaximal voluntary isometric contraction was more effective than maximum voluntary isometric contraction (MVIC) in the improvement of ROM. One article showed that a longer contraction time led to greater increases in ROM. Conclusion: Submaximal voluntary isometric contraction was recommended during contract-relax exercises in healthy people. Lack of evidence makes it difficult to suggest the optimal duration of isometric contraction during relaxation techniques. For future research, high-quality evidence will be needed to establish the optimal contraction intensity for maximum improvement of ROM.

A Study on Trends for Reforming the Rule of Warranty in English Insurance Contract Law (영국 보험계약법 상 담보법원칙의 개혁동향에 관한 연구)

  • Shin, Gun-Hoon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.55
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    • pp.209-240
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    • 2012
  • Since the age of Lord Mansfield, who laid the foundation of the modern English insurance contract law in the second part of the 18th century, English insurance law has developed a unique rule of warranty. Lord Mansfield adopted very different approach and afforded such a strict legal character to insurance warranty, because the promise, given by the insured, played an important role for the insurer to assess the scope of the risk insured at that time. It is still important that the insured keep his promises strictly to the insurer under the insurance contract, but legal environments have changed dramatically since the times of Lord Mansfield. English Law Commission proposed some proposals for reforming the warranty regime to reflect the changes of legal environment in CP 2007. This article is, therefore, designed to examine the proposals and consider their legal and practical implications. The proposals of Law Commission is summarized as following. First, in CP 2007, Law Commission made two principal proposals for reform of the law on warranty. The first is that the insurer should not be entitled to rely on a breach of warranty unless the insured has been provided with a witten statement of what they have undertaken under warranty. The second is that the insurer should not be entitled to reject a claim on the ground that the insured has breached a warranty unless there was a causal connection between the breach and the loss. Secondly, for consumer insurance, the rule requiring a causal connection would be mandatory, whereas for business insurance, it would be possible for the parties to agree on the effect a breach of warranty should have, provided they use clear language to express their intentions. Thirdly, where the insured contracted on the insurer's written standard terms of business, some statutory controls would be afforded to the contract to ensure that the cover was not substantially different from what the insured reasonably expected. Finally, Law Commission propose that a breach of warranty give the insurer the right to terminate the contract, rather than automatically discharging it from liability, but (unless otherwise agreed) only if the breach has sufficiently serious consequences to justify termination under the general law of contract. Having evaluated the proposals of the Law Commission and considered their legal and practical implications, it is quite clear that the proposed rule interfere with freedom of contract and create legal uncertainty. But change can not made without any victims, so Law Commission's attempt to change severe and injust aspects of the warranty regime would be very welcomed and respected.

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An Online Voting System based on Ethereum Block-Chain for Enhancing Reliability (신뢰성 향상을 위한 이더리움 블록체인 기반의 온라인 투표 시스템)

  • Kim, Chul-Jin
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.19 no.4
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    • pp.563-570
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    • 2018
  • Existing online voting is not being used for public elections due to uncertainty about security threats, and offline voting costs a lot of money. As an alternative, blockchain is emerging. Applying blockchain technology to online voting will ensure transparency and confidentiality, because voter information and aggregate information are distributed and managed. Since a blockchain distributes the voting information, it will be more secure than existing central server - based online voting systems. If blockchain technology is applied to public elections, and the transparency and confidentiality of the voting information is guaranteed, the cost of voting will be greatly reduced. This paper tries to apply to an online voting system the Ethereum platform from among the blockchain technologies. Ethereum is a highly scalable blockchain technology that provides a smart contract based on the Solidity language to develop an online voting contract and to distribute the contract to each voter. Each voter votes on the contract that has been distributed, and the votes are distributed to other voters. The experiment verifies the consistency of the stored voting information.

A Study on the Seller's Right to Cure in the Int'l Sale of Goods (국제물품매매계약(國際物品賣買契約)에서 하자보완권(瑕疵補完權)에 관한 고찰(考察))

  • Ha, Kang-Hun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.12
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    • pp.253-276
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    • 1999
  • CISG articles 34 and 37 clearly allow the seller to cure any nonconformity in documents of sale or performance prior to the date for delivery if it does not cause the buyer unreasonable inconvenience or unreasonable expense. CISG article 48 allows a seller to cure the performance even after the date for delivery if it does not cause the buyer unreasonable delay, unreasonable inconvenience or unreasonable uncertainty of reimbursement by the seller of expenses advanced by the buyer. The wording any failure to perform is broad enough to include a delay. The seller's right to cure relates to all his obligations. The seller may remedy 'any failure to perform his obligations'. This language is broad enough to include a defect in documents. In some cases the fact that the seller is able and willing to remedy the non-conformity of the goods without inconvenience to the buyer, may mean that there would be no fundamental breach unless the seller failed to remedy the non-conformity within an appropriate time. It cannot generally be said what unreasonable inconvenience means. This can only be decided on a case-by-case basis. The seller must bear the costs involved in remedying a failure to perform. The curing of a failure to perform may have influence on the amount of the damage claimed. Insofar as the seller has the right to cure, the buyer is in that case obliged to accept the cure. If he refuses to do so, he can neither avoid the contract nor declare a reduction in price. This rule clearly shows the underlying concept of the CISG, to keep to the contract, if possible. Should the buyer requires delivery of substitute goods and the seller offers repair, it depends on the expense each case. The buyer must receive the request or notice by the seller. The relationship between the seller's right to cure and the buyer's right to avoid the contract is unclear. The buyer's right to avoid the contract should not nullify the seller's right to cure if the offer is reasonable. In addition, whether a breach is fundamental should be decided in the right of the seller's offer to cure.

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The Country and the City: A Socio-Historical Reading of "Michael" (도시와 시골-워즈워드의 「마이클」의 경우)

  • Shin, Yangsook
    • Journal of English Language & Literature
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    • v.57 no.1
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    • pp.27-49
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    • 2011
  • This article proposes to stay away from contemporary critical arguments concerning Michael's value system, which is construed mainly from his choice between his patrimonial lands and his son Luke. Presuming that Michael's value system as have been argued so far could never be the poet Wordsworth's own concern at the time of the composition of the poem "Michael," this article proposes to get back to the all too real socio-historical situation of the early nineteenth-century England. Mere consideration of the socio-historical situation, when combined with a close reading of the poetic text (a close reading of both the poetic story and the poetic history from which the story may be said to have been constructed), directs us to the poet working on the simple paradigm of 'the country and the city at war with each other' but the victory having been given to the city already. The guarantee contract for a supposedly prospering nephew's debt and the letter from another prospering relative in London are undoubtedly the key elements that lead us to the war paradigm. Michael's family members, each and all including Michael himself, and all of their village people, have been imbued with the city's commercial values, which renders them all the more easier victims within the war context. Luke's defeat in the city is viewed as being really the consequence, rather than the cause, of Michael's defeat, which became apparent as soon as the news of the latter's financial disaster reached his ear. Michael should therefore be regarded as one of the typical English countryfolk of the time, with whom Wordsworth often, but not always, identifies himself. Insofar as the economic view or attitude is concerned, there certainly is a distance between Michael and Wordsworth, this article argues.

Internet Governance & Politics of Expertise (인터넷 거버넌스와 전문성의 정치)

  • Kim, Ji-Yeon
    • Review of Korean Society for Internet Information
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    • v.14 no.3
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    • pp.5-20
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    • 2013
  • ICANN has been governing the Domain Name System(DNS) "technically" since 1998. The architecture is called Internet Governance, and it brings about many different discourses; "What does that govern?", "Who delegate its role to ICANN?"," How could the regime ensure fairness?" etc. This article will analyze on Internet Governance by applying the government approach of Foucault, and try to compare two parts, the 'core' and the 'edge' of Internet Governance for method. Whereas the 'core' of it refers the site that be governed by the formal contract directly, the 'edge' as the rest of it means informal friendly relations with ICANN. The 'core' rule was stemmed from technological community such as IAB or IETF historically. They had invented new world and its population to integrate the technical order as protocol and the semiotic order as language, that be based on new government mode. On the other hand, ".KR" domain, one of the 'edges', has been evolved into more heterogeneous system, through contest and conflict between traditional state and Internet Governance. The governed object of ".KR" domain is situated in the crossing of each other the 'protocol user', the 'language-semiotic user' and the' geographical resident'. Here the 'geographical resident' rule was weird for DNS, so that shows the internal lack of Internet Governance. It needs to move to the concept of 'Hangeul(Korean-language) user' rather than the 'geographical resident'.

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Generation and Verification of a Real Estate Contract Digital Signature Based on XML Security (XML 보안 기반의 부동산 계약서 전자서명 생성 및 검증)

  • Lee, Moon-Goo
    • Journal of the Institute of Electronics Engineers of Korea CI
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    • v.45 no.6
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    • pp.147-153
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    • 2008
  • Talking about reliability of I-commerce, the security services such as data integrity and non-repudiation are the most crucial elements. This thesis implemented the real estate contract digital signature system that makes this real estate E-commerce Possible. The technical background used in this thesis for the security services is XML (extensible Markup Language) signature technique, which is a signature technique that applies XML on the existing digital signature algorithm. The advantage of using XML signature technique is that it is very efficient since signing for the partial data is possible, and it is easy to apply to the XML-based I-commerce system which is most commonly used.

Decision Support System Regarding the Possibility of Using the Reproductive Technologies Taking into Account Civil Law

  • Hnatchuk, Yelyzaveta;Hovorushchenko, Tetiana;Medzatyi, Dmytro
    • International Journal of Computer Science & Network Security
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    • v.22 no.7
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    • pp.413-420
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    • 2022
  • The review of known methods and decision support systems regarding the possibility of using the reproductive technologies showed that currently there are no methods and decision support systems regarding the possibility of using reproductive technologies taking into account civil law. Although the analyzed methods and systems have great potential for use in different contexts, these methods and systems do not take into account the civil law requirements of any country. The paper has developed a decision support system regarding the possibility of using the reproductive technologies taking into account civil law, which automatically and free of charge determines the possibility/impossibility of surrogate motherhood or in vitro fertilization. If it is determined that surrogate motherhood or in vitro fertilization is impossible, the sufficiency of the information in the analyzed contract is evaluated, and the reasons for the impossibility of surrogate motherhood or in vitro fertilization are presented to the user.

A Study on the Unfair Calling under the Independent Guarantee (독립보증상의 수익자에 의한 부당청구(unfair calling)에 관한 연구)

  • Oh, Won-Suk;Son, Myoung-Ok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.42
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    • pp.133-160
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    • 2009
  • In International trade the buyer and seller are normally separated from on another not only by distance but also by differences in language and culture. It is rarely possible for the performance of obligations to be simultaneous and the performance of contracts therefore calls for trust in a situation in which the parties are unlikely to feel able to trust each other unless they have a longstanding and successful relationship. Thus the seller under an international contract of sale will not wish to surrender documents of title to goods to the buyer until he has at least an assurance of payment, and no buyer will wish to pay for goods until he has received them. A gap of distrust thus exists which is often bridged by the undertaking of an intermediary known and trusted by both parties who will undertake on his own liability to pay the seller the contract price in return for the documents of title and then pass the documents to the buyer in return for the reimbursement. This is a common explanation of the theory behind the documentary letter of credit in which the undertaking of a bank of international repute serves as a "guarantee" to each party that the other will perform his obligations. The independence principle, also referred to as the "autonomy principle", is at the core of letter of credit or bank guarantee law. This principle provides that the letter of credit or bank guarantee is independent of the underlying contractual commitment - that is, the transaction that the credit is intented to secure - between the applicant and the beneficiary ; the credit is also independent of the relationship between the bank and its customer, the applicant. The most important exception to the independence principle is the doctrine of fraud in the transaction. A strict interpretation of the rule that the guarantee is independent of the underlying transaction would lead to the conclusion that neither fraud nor manifest abuse of rights by the beneficiary would constitute an objection to payment. There is one major problem related to "Independent guarantees", namely abusive or unfair callings. The beneficiary may make an unfair calling under the guarantee. The countermeasure of beneficiary's unfair calling divided three cases. First, advance countermeasure namely by contract. In other words, when the formation of the contract, the parties must insert the Force Majeure Clause, Arbitration Clause to Contract, and clear statement to the condition for demand calling. Second, post countermeasure namely by court. Many countries, including the United States, authorize the courts to grant an order enjoining the issuer from paying or enjoining the beneficiary from receiving payment under the guaranty letter. Third, Export Insurance. For example, the Export Credit Guarantees Department is prepared, subject to certain conditions, to cover the risk of unfair calling. Of course, KEIC in Korea is cover the risk of the all things for guarantees. On international projects, contractor performance is usually guaranteed by either a standby letters of credit or Independent guarantee. These instruments will be care the parties.

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